Fee Arrangements for IP Litigation
Intellectual property litigation can be expensive. Patent cases with claims worth between $10 million and $25 million can cost several million dollars to litigate. And, most patent cases now involve parallel proceedings before the Patent Trial and Appeal Board, which themselves can each cost another $200,000-$400,000 per patent. As a result, many patent holders are interested in finding a patent contingency attorney to handle their case.
In patent cases, we seek to share risk with our clients, including working on a partial or full contingency basis. This aligns the interest of lawyer and client. Usually, we ask our patent litigation clients to pay the out-of-pocket costs, including for expert work and Patent Trial and Appeal Board counsel. Sometimes, hourly fee arrangements are in the client’s best interest, so we handle matters on an hourly basis as well. Clients are sometimes well-served by litigation financing, and we can assist with seeking it where appropriate. Pharmaceutical patents (drug patents), medical patents, medical device patents, surgical device patents, surgical instrument patents, therapeutic patents, chemical patents, optical patents (optics patents), biotechnology patents (biotech patents), life science patents, consumer product patents, industrial process patents, mechanical patents, agriculture patents, consumer technology patents, and household patents can be particularly well suited to contingency and financing arrangements.
Fees in copyright and trade secret cases can also run into the millions of dollars. We also provide contingency representation for these intellectual property areas.
We also handle cases arising out of the inappropriate assertion of intellectual property. Such cases include, for example, a pharmaceutical company that prevents generic competition through patents that do not actually apply to the drug, or a company demanding licensing fees for copyrights it does not own. Such cases can be well-suited for contingency representation. If you believe you have been subjected to illegal licensing demands, please contact Jonathan Rotter or Kara Wolke.